Pemberian Ganti Rugi Dalam Pengadaan Tanah Akibat Pembangunan Bendungan Waduk

Kasus Di Kabupaten Bolaang Mongondow

Abstract

This Journal discusses the juridical analysis of compensation in land acquisition due to the construction of dam reservoirs in Bolaang Mongondow Regency. Procurement of land for the benefit of development is often collided with the stages that take time, whereas the land is needed immediately. The rules for the implementation of land acquisition state that for the acquisition of land with an area of not more than 1 hectare, it can be carried out directly by agencies that require land with the right parties. One of the problems that arise in the procurement of land is the provision of compensation to the owner of the land that will be used for construction. Article 27 of Law No. 2 of 2012 on Land Acquisition for Development states that land acquisition must include an assessment of compensation and the provision of appropriate and fair compensation to the entitled party and Article 1365 of the Civil Code. This study uses empirical research methods with a case approach. The purpose of this study was to analyze the implementation of compensation in land acquisition due to the construction of dam reservoirs and the inhibiting factors in the provision of compensation. The legal basis is a reference in the procurement of land in Indonesia. In practice, however, there are some obstacles to the award of damages. In the case of the construction of a reservoir dam, the government and companies have promised compensation to the public since 2013. However, as of 2019, the land has not been compensated to the community. In 2022, the land was flooded and could no longer be managed by the community, so the case had to be resolved through litigation. It is hoped that the results of this study can provide a deeper understanding of this problem and become a reference in improving the effectiveness and efficiency of land acquisition in Indonesia.